Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 161 (occupational health services), 162 (asbestos), 167 (OSH in construction), 170 (chemicals), 176 (safety and health in mines) and 187 (promotional framework for OSH) together.

General provisions

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 2(3) of the Convention. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions of the ILO. The Committee notes the Government’s indication in its report that it regularly assesses, with the involvement of the social partners, whether additional ILO conventions can be ratified. The Government indicates that the pre-ratification assessment process for the Safety and Health in Agriculture Convention, 2001 (No. 184) was concluded with a positive result, and the Convention was ratified in June 2024. The Government further indicates that the assessment process for the Occupational Safety and Health Convention, 1981 (No. 155) has not yet been concluded. The Committee requests the Government to continue to provide information on the periodic consideration of the measures that could be taken to ratify OSH Conventions, in consultation with the social partners.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. In its previous comments, the Committee requested the Government to provide information on measures taken in practice in enterprises employing less than 20 workers to promote cooperation on OSH matters. In this respect, the Government indicates that the New Quality of Work Initiative assists micro and small enterprises in establishing a sustainable, human-focused corporate culture through offering practical knowledge, advice, self-assessments, networking opportunities and project support. The Committee requests the Government to indicate in particular the measures taken to promote cooperation between employers and workers on OSH matters in such enterprises, including in the context of the New Quality of Work Initiative.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises and the informal economy. In reply to Committee’s previous comments, the Government indicates that in order to enhance OSH support for micro and small enterprises, the Federal Ministry for Labour and Social Affairs launched an expert dialogue with accident insurance institutions, and, in this context, four collaborative events were held since 2022, that produced proposals for improved OSH support for micro and small enterprises. In this respect, the Government refers to an approach called “alternative support”, which will be implemented from autumn 2024, and which includes training business owners on their OSH responsibilities, enabling them to manage these independently or with professional advice. Furthermore, the Committee notes that the German Social Accident Insurance (DGUV) is working with various stakeholders to update the accident prevention regulations entitled “Occupational Physicians and OSH Professionals” (DGUV Regulation 2) to enhance OSH for both small and large businesses, with the new regulation expected to be in force by spring 2025. The Committee requests the Government to provide information on the progress made in the revision of the DGUV Regulation 2 and to provide a copy once it has been adopted. The Committee once again requests the Government to provide information on support mechanisms for the progressive improvement of OSH conditions in the informal economy, if any.

Article 5(1) and (2)(c) of the Convention. Continuous improvement of OSH. Formulation, implementation, monitoring, evaluation and periodical review of the national programme on OSH. Consultation with the most representative organizations of employers and workers. The Committee notes the information provided by the Government concerning the positive outcomes of the evaluation of the Joint German Occupational Safety and Health Strategy (GDA) for the period 2013–18, which demonstrated strengthened OSH compliance, particularly within small and medium-sized enterprises. The Government indicates that companies familiar with GDA guidelines were 11 per cent more likely to conduct risk assessments compared to those that were not, and further reports notable successes in specific GDA work programmes. In this respect, the Committee takes note of the new Joint German Occupational Safety and Health Strategy for the period 2021–25, that emphasises the strategic goal of making work safe and healthy through prevention with the help of risk assessment. It focuses on three core topics: musculoskeletal disorders, mental stress, and exposure to carcinogenic substances. The Government indicates that there are also work programmes that correspond to the three core topics, targeting a broad range of stakeholders, including employers, managers, workplace safety professionals, physicians, and workers’ representatives. In this respect, the Committee notes the Government’s indication that it aims to increase the number of workplaces implementing effective risk assessments and OSH structures through coordinated regulatory practices, focusing on supporting small and medium-sized enterprises, with plans for approximately 200,000 workplace inspections and system audits. The Committee requests the Government to provide information on the evaluation of the GDA for the period 2021–25, including the progress achieved as regards the three abovementioned core topics and the application of the related work programmes.

Occupational Health Services Convention, 1985 (No. 161)

Article 5 of the Convention. The functions of occupational health services. The Committee notes that the DGUV Regulation 2, which includes detailed provisions on the scope of the supervision by Occupational Physicians and OSH Professionals, is currently being revised, with the aim to create a future-orientated occupational medicine and safety technology structure, for both larger and smaller firms. The Committee requests the Government to continue to provide information regarding relevant developments.

Application in practice. With reference to its previous comments regarding the shortfall in occupational health physicians, the Government indicates that, the Committee on Occupational Medicine at the Federal Ministry of Labour and Social Affairs determined in 2022 that, contrary to the pessimistic predictions based on data prior to 2011, the situation regarding young professionals in occupational medicine has improved steadily over the past few years. The Government also indicates that, in 2021, a working group set up by the German Medical Association concluded that, at the end of 2019, approximately 9,100 doctors were available. Nevertheless, the Committee notes that the Government indicates that the lack of qualified personnel in the field of occupational medicine remains an issue, and, in this context, the Federal Ministry of Labour and Social Affairs supports the Occupational Medicine Action Alliance which aims to encourage young occupational physicians and to attract more medical practitioners to occupational medicine. The Committee requests the Government to continue to provide information on the measures taken or envisaged to strengthen the application in practice of the Convention, including through addressing the shortage in occupational health physicians. It requests the Government to continue to provide information on evaluations regarding the availability of occupational health services.

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 1 and 3(1) of the Convention. Legislation giving effect to the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge. The Government indicates that a comprehensive revision of the radiation protection legislation was carried out which aimed of transposing the European Council Directive 2013/59/EURATOM into national legislation. In this respect, the Committee notes the adoption of the new Radiation Protection Act and the new Radiation Protection Ordinance in 2017, which give effect to most of the provisions of the Convention. The Government indicates that the Act advanced the radiation protection requirements in accordance with European law and aligned them with current scientific and technological advances. In this respect, the Committee notes with interest that section 78(2) of the Act provides for dose limits for occupationally exposed persons per calendar year, which are consistent with the dose limits set out in the 2015 General Observation. The Committee takes note of this information which addresses its previous request.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee previously noted the Government’s indication that section 241(2) of the German Civil Code (a general provision referring to duties arising out of an obligation, including respect for rights and legal interests) may oblige an employer to propose alternative employment in the enterprise to an employee who, because of exposure to radiation, can no longer perform a particular type of duty. It also noted the Government’s indication that if a worker discontinues work because there is a risk due to radiation exposure, that by continuing their work they would suffer a radiation-induced disease, the worker may be entitled to transitional financial benefits from the statutory accident insurance fund. In this respect the Government indicates that, under certain conditions, according to section 3 of the Occupational Diseases Ordinance, insured persons who refrain from performing hazardous activities because the hazard persists can claim transitional benefits from the accident insurance institutions to compensate for any reduction in earnings or other economic disadvantages incurred as a result. The Committee further notes that neither the Radiation Protection Act nor the Radiation Protection Ordinance include specific provisions that require employers to offer alternative roles or maintain income levels in the event that a worker must cease radiation-related duties due to health concerns after medical advice. Recalling that the Committee indicated in paragraph 40 of its general observation of 2015 on the Convention that employers should make all reasonable efforts to provide workers with suitable alternative employment in circumstances for which it has been determined that the workers, for health reasons, may no longer continue in employment in which they are, or could be, subject to occupational exposure, it requests the Government to provide information on any measures taken or envisaged in this regard. The Committee requests the Government to provide information on the application in practice of section 241(2) of the Civil Code and section 3 of the Occupational Diseases Ordinance to workers for whom it is medically inadvisable to continue work involving occupational exposure to ionizing radiations, including the circumstances under which these provisions apply and the conditions that must be met for such workers to receive compensation.

Asbestos Convention, 1986 (No. 162)

Application of the Convention in practice. The Committee takes note of the detailed statistics provided by the Government on the number and type of occupational diseases registered as being caused by asbestos and the number of workers in Germany exposed to asbestos in 2022, as well as the measures taken to reduce these numbers. In this respect, it notes that as of 31 December 2022, a total of 710,924 persons were registered as being currently or previously exposed to asbestos, 679,594 had job-related exposure to dust containing asbestos and 333 persons were registered for post-exposure examinations and 225,232 persons for further preventive health screenings. The Committee notes that, in 2022, from the 2,164 deaths of insured persons as a result of an occupational disease, 1,350 (62.4 per cent) were due to exposure to dust containing asbestos. The Government indicates that it is continuing the consistent implementation of the European Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work and is currently in the process of amending the Hazardous Substances Ordinance. Noting that asbestos remains a leading cause of occupational disease-related deaths in Germany, the Committee requests the Government to continue to provide information on the application of the Convention in practice including on the number and nature of occupational diseases reported as being caused by asbestos and the number of workers being exposed to asbestos. The Committee requests the Government to provide information on the progress made in the revision of the Ordinance on Hazardous Substances and to provide a copy once it has been adopted.

Chemicals Convention, 1990 (No. 170)

Article 12(d) of the Convention. Keeping of records of monitoring of the working environment and of exposure. With reference to its previous request concerning the time period for which records of the exposure of workers must be kept, the Committee notes that according to section 14(3) points 3, 4, 6 and 7 of the Hazardous Substances Ordinance, employers are required to ensure that the records of the monitoring of the working environment and of the exposure of workers who carry out activities that involve hazardous substances are kept for a period of 40 years and are accessible to the workers and their representatives. The Committee takes note of this information which addresses its previous request.

Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Articles 3, 4 and 13 of the Convention. Consultation of the most representative organizations of employers and workers. Adoption of laws or regulations on the basis of a risk assessment. Measures to ensure that all workplaces are safe and without risk of injury to safety and health. The Committee notes the Government’s indication that seven national OSH committees, established under the OSH Act and its Ordinances, advise the Federal Ministry of Labour and Social Affairs on issues related to OSH and contribute to the development of regulations that help implement national OSH laws. The Committee notes that these committees include representatives from national authorities, statutory health insurance institutions, the scientific community, trade unions, and employers’ associations. Taking due note of the information provided by the Government, the Committee requests the Government to provide further information on the consultations held regarding occupational safety and health in the construction sector, including within the national OSH Committees.

Article 35(b). Provision of appropriate labour inspection services. The Committee notes the Government’s indication that section 21 of the OSH Act was amended in 2021 to ensure that, in selecting companies to be inspected, the inspecting authorities must take into account the nature and extent of the potential occupational hazards. According to the Government, workplaces in the construction sector are to be monitored accordingly. The Committee requests the Government to provide information on how section 21(1) of the OSH Act is applied in practice, in order to ensure the appropriate inspection of workplaces in the construction industry, and particularly small enterprises. It requests the Government to provide information on the number of labour inspections conducted in the construction sector.

Safety and Health in Mines Convention, 1995 (No. 176)

Articles 5 and 16 of the Convention. Statistics on occupational accidents and diseases and compliance with OSH legislation in mining. The Committee takes notes of the statistical information provided in the labour inspection reports for 2020, 2021 and 2022 regarding the number of occupational accidents and diseases in the mining sector, disaggregated by sex. Regarding the accidents, the Committee notes that although the fatality rate remains low (3 fatalities occurred in 2022), the number of accidents increased from 1,438 in 2020 to 1,507 in 2022. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number and nature of occupational accidents and diseases recorded in the mining sector and to indicate the reasons for the increase in occupational accidents from 2020 to 2022.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

In order to provide a comprehensive view of the issues relating to the application of occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 148 (working environment (air pollution, noise and vibration), 170 (chemicals), 176 (safety and health in mines) and 187 (promotional framework for OSH) together.

A. General provisions

Convention No. 187

The Committee notes the observations of the German Confederation of Trade Unions (DGB), received in 2012 and 2015, as well as the Government’s reply to the 2012 observations.

Articles 2(1), 5(1) and 5(2)(c) of the Convention. Continuous improvement of occupational safety and health (OSH). Formulation, implementation, monitoring, evaluation and periodical review of a national programme on OSH. Consultation with the most representative organizations of employers and workers. The Committee notes the observations of the DGB indicating that the evaluation of the Joint German Occupational Safety and Health Strategy (GDA) for 2008–12 pointed to shortfall and deficiencies in the application of the legal provisions in enterprises. The DGB indicates that, for example, in 75 per cent of enterprises, there was insufficient risk assessment or none at all, and, in particular, there was inadequate consideration of psychological stressors.

The Committee also notes the information provided by the Government in its report, in response to its previous comment that the evaluation of the GDA for the period 2008–12 showed positive developments and significant progress in the implementation of OSH measures. The Government indicates that the establishments that were involved in the implementation of the 11 work programmes of the GDA performed significantly better in the core elements of OSH (risk assessment, training, occupational safety and health services) than those that were not, regardless of factors such as the size of the company, the sector and the region. The Government adds that the evaluation of the GDA also showed that it was necessary to improve the organization of occupational safety and health, particularly in small and medium-sized enterprises (SMEs) and the inclusion of aspects relating to work organization in risk assessments, working arrangements and psychological stress. Against this background, the responsible institutions for the GDA had agreed, together with the social partners, on three concrete OSH goals for the period 2013–18: improvement of OSH organization; reduction of work related health hazards and musculoskeletal disorders; and protection and strengthening of health in cases of work-related psychological stress, for which three corresponding work programmes were launched. In the context of these programmes, the responsible institutions for the GDA work closely with the social partners and other stakeholders, such as health insurance funds, professional associations and networks. The Committee requests the Government to provide information on the evaluation of the GDA for the period 2013–18, when it is available, including the progress achieved as regards the three abovementioned goals and the related work programmes.

Article 2(2). Account taken of the principles set out in instruments of the ILO relevant to the promotional framework for OSH. With reference to its previous comment concerning account taken of the principles set out in the ILO instruments relevant to the promotional framework for OSH, the Committee notes the Government’s indication that not only the Conventions but also the Recommendations of the ILO are taken into account in discussions on possible legislative initiatives.

Article 2(3). Measures that could be taken, in consultation with the social partners, to ratify relevant occupational safety and health Conventions. The Committee notes that, in reply to its previous comment regarding periodic consideration given with regard to possible ratification of relevant OSH Conventions, the Government indicates that it undertakes periodic reviews, in consultation with the social partners, of possibilities of ratification of further ILO Conventions, including the Occupational Safety and Health Convention, 1981 (No. 155), the Prevention of Major Industrial Accidents Convention, 1993 (No. 174) and the Safety and Health in Agriculture Convention, 2001 (No. 184). The Committee takes note of this information.

Article 4(1). Obligation to establish, maintain, progressively develop and periodically review a national OSH system in consultation with the social partners. With reference to its previous comment, the Committee notes the information provided by the Government about the national OSH system, and notes the Government’s indication that six OSH advisory committees were established for the purpose of drawing up national labour protection rules. The OSH advisory committees have representatives of employers, trade unions and authorities at the Länder level and from the statutory health insurance funds as well as scientific experts.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. In its previous comment, the Committee requested the Government to provide information on arrangements to promote cooperation in enterprises employing less than 20 workers. The Committee notes that, in reply, the Government refers to the provisions of the Safety and Health at Work Act and the Occupational Safety Act concerning cooperation and relationships between occupational physicians and OSH specialists, on one side, and works council, on the other side, in the context of workplace-related prevention measures. Taking into account the Government’s indication that the evaluation of the GDA indicated that the organization of OSH, in small and medium-sized enterprises (SMEs) could be improved, the Committee requests the Government to provide information on measures taken in practice in such enterprises to promote cooperation on OSH matters.

Article 4(3)(a). National tripartite advisory body addressing OSH issues. The Committee notes that the DGB states that the social partners do not have full voting rights at the National OSH Conference (NAK) – which is tripartite, and are instead only advisory members. It also notes the Government’s reply that with regard to the national OSH system, the Convention only assigns an advisory role to the social partners and that despite not having a direct voting right in the NAK, the social partners exercise tangible and direct influence on the voting procedure in the NAK due to their presence in the self-management bodies of accident insurance institutions (UVTs), which constitute one of the three GDA parties entitled to vote in the NAK. The Committee takes note of this information.

Article 4(3)(f). Mechanisms for the collection and analysis of data on occupational injuries and diseases, taking into account relevant ILO instruments. The Committee notes the information provided by the Government, in response to its previous comment, regarding the ILO instruments that are taken into account in the national mechanisms for the collection and analysis of data on occupational injuries and diseases, including the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection Recommendation, 1947 (No. 81), the Labour Statistics Convention, 1985 (No. 160) and the Labour Statistics Recommendation, 1985 (No. 170). The Committee takes note of this information and also draws the attention of the Government to the detailed and useful prescriptions contained in the Protocol of 2002 to the Occupational Safety and Health Convention, 1981 (No. 155), in this respect.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises and the informal economy. The Committee notes the information provided by the Government, in response to its previous comment, regarding support mechanisms for SMEs. The Committee requests the Government to provide information on support mechanisms for the progressive improvement of OSH conditions in micro-enterprises and the informal economy, if any.

Article 5(2)(d). Objectives, targets and indicators of progress. The Committee takes note of the information provided by the Government, in response to its previous request, concerning the key indicators of progress used to evaluate the OSH goals and work programmes of the 2013–18 period of the GDA.

Article 5(2)(e). Complementary national programmes. The Committee notes that the Government, in response to its previous request concerning complementary programmes and plans, refers to the “Every Age Counts” demographic strategy, implemented since 2012, whose goals include maintaining and encouraging good health at work and avoiding or minimizing risks. It also mentions that the Prevention Act, adopted on 18 July 2015, improves the basis for prevention and promotion of health at all ages and in all areas of life as a shared responsibility of social insurance providers and the actors in the Länder and local authorities. The Committee takes note of this information.

B. Protection against specific risks

Convention No. 170

Article 1(2) of the Convention. Scope of application. Legislation. Exemption. The Committee previously noted that the national legislation, namely the Ordinance on Hazardous Substances (the Ordinance), gives effect to most of the provisions of the Convention. It also noted that the competent authority may permit exemptions from the application of most provisions of the Ordinance (such as in relation to the duties of employers including risk assessments, protective measures and training of workers, etc.). It further noted that these exemptions are rarely used and only granted if the application of its provisions would represent a disproportionate hardship and the protection of workers is afforded in another way.

The Committee notes the Government’s indication in its report, in reply to its request, that the granting of exemptions is subject to the strict obligation on the employer to provide the information, as set out in section 19(1), points 1 to 6, of the Ordinance to enable the competent authority to assess whether the request meets the requirements of disproportionate hardship and whether the deviation is compatible with the protection of the workers concerned. The Committee takes note of this information.

Article 12(d). Keeping of records of exposure. With reference to its previous request concerning the time period for which records of the exposure of workers must be kept, the Committee notes the Government’s indication that pursuant to section 14(3)(4) of the Ordinance, employers must keep record of workers who carry out activities involving the hazardous substances listed in the Ordinance for a period of 40 years. The Committee also notes that according to the Government, a revised version of the Ordinance is expected to include a minimum retention period of ten years for risk assessments. The Committee requests the Government to provide information on any developments regarding the revision of the Ordinance on Hazardous Substances in this respect, and to communicate a copy of the revised Ordinance once adopted.

C. Protection in specific branches of activity

Convention No. 176

Articles 5 and 16 of the Convention. Statistics on occupational accidents and diseases and compliance with OSH legislation in mining. The Committee notes the indication of the Government in its report according to which the number of occupational accidents in the mining sector is declining and that the consistent application of strict provisions has, among other factors, led to greater awareness of occupational safety and health (OSH) issues. In this regard, the Committee notes the statistical data provided on the number of accidents in 2013 in the mining industry, disaggregated by severity and cause, and in particular that 22 fatalities occurred in 2013. Furthermore, the Committee notes the Government’s indication that no statistics are available on the number and nature of infringements of OSH legislation in mines. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number and nature of occupational accidents and diseases recorded. It also requests the Government to provide information on the number and nature of the infringements detected related to OSH legislation in mines.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee takes note of the first report submitted by the Government on the Convention, and of the communication by the German Confederation of Trade Unions (DGB), received by the Office on 26 October 2012 and transmitted to the Government on 5 November 2012. The Committee will examine the communication by the DGB, and any reply the Government wishes to make in this regard, at its next session.

Article 2(1) of the Convention. Continuous improvement of occupational safety and health in consultation with the most representative organizations of employers and workers. The Committee notes with interest that the Government indicates that a national occupational safety and health (OSH) policy, a national OSH system and a national OSH programme are implemented through the Joint German Occupational Safety and Health Strategy (GDA), enshrined in the fifth section of the Occupational Safety and Health Act (OSH Act). The development, management and updating of the GDA are under the responsibility of the National Occupational Safety and Health Conference (NAK) which consists of representatives of the Federal Government, the states, and of the statutory accident insurance bodies. The social partners participate in the NAK in an advisory capacity with respect to the development and definition of OSH objectives and their evaluation, areas of action and benchmarks. The bodies responsible for the GDA, in consultation with the social partners, have agreed upon the following specific safety and health objectives for the period 2008–12: reduction of occupational accidents; reduction of musculoskeletal strains and disorders; and reduction in skin diseases. The Committee asks the Government to continue to provide any relevant information in relation to the GDA, including on the evaluation of the progress made in the attainment of the abovementioned objectives.

Article 2(2). Account taken of the principles set out in instruments of the ILO relevant to the promotional framework for occupational safety and health. The Committee notes the Government’s indication that OSH Conventions serve as an important benchmark for the development of a national OSH policy and that the Government has ratified various OSH Conventions. The Committee asks the Government to provide information on the manner in which it takes into account the principles set out in the instruments of the ILO relevant to the promotional framework for occupational safety and health (listed in the Annex of Recommendation No. 197 concerning the promotional framework for occupational safety and health), in addition to the ratified Conventions.

Article 2(3). Measures that could be taken, in consultation with the social partners, to ratify relevant occupational safety and health Conventions. The Committee notes that no information has been provided in relation to paragraph 3 of this Article of the Convention. The Committee asks the Government to indicate whether periodic consideration has been given to measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO and the outcome of the consultations held in this respect.

Article 4(1). Obligation to establish, maintain, progressively develop and periodically review a national OSH system in consultation with the social partners. The Committee asks the Government to provide information on the results of the review.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. The Committee notes that the Government indicates that works councils must monitor compliance with OSH requirements and have broad competencies and that in an enterprise employing more than 20 workers the employer has the obligation to set up an OSH committee. Workers have the right to be heard and receive explanations on operational matters that concern them. The Committee asks the Government to provide further information on the arrangements to promote cooperation between management, workers and their representatives in enterprises of less than 20 employees.

Article 4(3)(f). Mechanism for the collection and analysis of data on occupational injuries and diseases, taking into account relevant ILO instruments. The Committee notes that a major publication entitled Report on the Current Level of Safety and Health at Work, which is published annually, contains relevant statistics in the field of OSH. The Committee asks the Government to indicate the manner in which account is taken of relevant ILO instruments for the collection and analysis of data.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee notes the indication of the Government that approximately three million SMEs form the backbone of the country’s economy. Accordingly, their needs are addressed as part of the areas of action and work programmes of the GDA. German accident insurance institutions have tailored their prevention activities to the needs of the SMEs. The Committee asks the Government to continue providing information in relation to SMEs and to provide information on the support mechanisms referred to in this paragraph in relation to micro-enterprises and the informal economy.

Article 5(1). Formulation, implementation, monitoring, evaluation and periodical review of a national programme on OSH, in consultation with the most representative organizations of employers and workers. The Committee notes the Government’s indication that through the GDA regulations laid down in the OSH Act, Germany complies with the requirement to formulate, implement, monitor, evaluate and review a national programme. The Committee asks the Government to provide further information on the content of such programmes and of the outcome of consultations held in this regard.

Article 5(2)(c). Formulation and review of the national programme on the basis of the national situation, including analysis of the national system. The Committee notes that according to the Government, an essential element of the GDA involves the evaluation of OSH goals, action areas and work programmes on the basis of proper indicators. In this regard, Germany follows the example of other European Union Member States, which also evaluate their OSH strategies. In 2007, the three bodies responsible for the GDA agreed that the attainment of the GDA goals shall be subject to quality insurance and evaluation. In addition to the evaluation of targeted work programmes carried out across Lander and institutions, the GDA as a whole is subject to an evaluation. The Committee requests the Government to provide information on the results of its review.

Article 5(2)(d). Objectives, targets and indicators of progress. The Committee notes that the GDA encompasses the development of joint OSH goals; the definition of priority action areas; and the establishment of benchmarks for work programmes. The Committee requests the Government to provide further information on the objectives, targets and indicators of progress agreed for the national programme/programmes in force during the period covered by the next report.

Article 5(2)(e). Complementary national programmes. The Committee notes with interest that in 2007, health promotion activities at enterprise level were integrated into the catalogue of standard benefits offered by health insurance funds, and that in this connection, health insurance funds must cooperate with the statutory accident insurance institutions and support them in preventing work-related health hazards. The Committee requests the Government to provide further information on complementary national programmes and plans which assist in achieving progressively a safe and healthy working environment.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with interest the Government’s response on the application of Article 13(1)(f) of the Convention under section 9 of the Ordinance on Hazardous Substances 2004.

Article 12(d) of the Convention. Keeping of records of exposure. The Committee notes the Government’s comments on the application of Article 12(d) of the Convention under sections 7(6), 10(2) and 19(2)(1) of the Ordinance on Hazardous Substances 2004, with regard to ensuring records for monitoring of the working environment are kept and are accessible to the workers and their representatives. However, the Ordinance does not contain provisions with regard to keeping records for the monitoring of the working environment for a prescribed period of time. The Committee also notes that the Government is in the process of reintroducing the provisions for monitoring and keeping records on the exposure of workers to hazardous chemicals for a prescribed period under section 14. The Committee requests the Government to provide further information and the corresponding legal provisions on the prescribed time period for which records on monitoring the working environment are to be kept and in what manner. The Committee would also request the Government to keep it informed on the reintroduction of the provisions concerning the monitoring and keeping of records on the exposure of workers to hazardous chemicals.

Part V of the report form. Application in practice. The Committee notes the Government’s response that the competent authorities of the individual Länder are responsible for authorizing exemptions, and that such exemptions are rarely used and only given if the circumstances involve “disproportionate severity” and the protection of the workers is still guaranteed. The Committee would appreciate if the Government can provide further information and the corresponding legal provisions that ensure the protection of workers is guaranteed under the application for an exemption by the employer.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided regarding effect given to Article 5(4)(a) and (d) and Article 13(1) of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and supply extracts from inspection reports including information on the number and the nature of the infringements reported.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s first report and that the national legislation gives effect to most of the provisions of the Convention. It would however like to draw the Government’s attention to the following points.

Article 12, subparagraph (d), of the Convention. Keeping of records of exposure. The Committee notes that section 7, subsection 6, of the Ordinance on hazardous substances provides for the establishment of documentation concerning the results of the risk assessment, the workers’ exposure and the protective measures taken to this effect. However, the Ordinance does not contain a provision with regard to the keeping of records of workers’ exposure to chemicals for a certain period of time. The Committee therefore requests the Government to indicate whether, and in what manner, the keeping of workers’ records on exposure to hazardous chemicals is prescribed and the time period during which these records shall be kept.

Article 13, paragraph 1(f). Provision of personal protective clothing. The Committee notes that section 11, subsection 3, of the Ordinance on hazardous substances, requires the employer to provide personal protective clothing, and protective equipment such as breathing masks, only to workers exposed to carcinogenic substances or substances which alter women’s fertility (level of protection 4). However, Article 13(1)(f) provides for protective clothing and protective equipment to be provided to all workers exposed in one way or another to chemicals, irrespective of the level of exposure. The Committee requests the Government to indicate whether protective clothing and protective equipment is supplied to all workers exposed to chemicals and, if that is the case, to indicate the corresponding legal provision. The Committee also requests the Government to provide information on the manner in which the maintenance of protective clothing is handled.

Part V of the report form. Application in practice. The Committee notes that, although the Ordinance on hazardous substances does not provide for any exclusion of specific branches of economic activities, section 20, subsection 1, stipulates that the competent authority – on the grounds of a well-founded written request by the employer – may permit exemptions from the application of certain provisions of the Ordinance. These provisions refer to general protection and supplementary protection measures (sections 7–15) and to the prohibition of manufacturing and utilization of hazardous substances (sections 17–19). Such permission may only be granted if the application of the abovementioned provisions of the Ordinance on hazardous substances would represent an “unusual hardship” and on the condition that the overall protection of the workers concerned is afforded in another way. The Committee requests the Government to provide information, for example, statistical data, as to the number of permissions granted under section 20, subsection 1, of the Ordinance on hazardous substances. The Committee would also appreciate receiving further information on how other means of workers’ protection is afforded in practice under these circumstances.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided in the Government’s report in response to its previous comments. It would nevertheless appreciate additional information on the following points.

2. Article 5, paragraph 4(a), of the Convention. Requirements relating to mine rescue and first aid. The Committee notes the information that the employer is responsible for organizing mine rescue and that, given the positive nature of the experiences garnered in this field, there is no need for new legislation to be adopted at present. The Committee requests the Government to keep it informed of any new developments in this area and to provide a copy of the relevant texts as soon as they have been adopted.

3. Article 5, paragraph 4(d). Removal of waste produced at the mine. The Committee notes the information that the specific legislation relating to mines takes precedence over the legislation on hazardous substances, which is more general and is applied in principle. The Committee requests the Government to indicate the provisions of the national legislation or regulations prescribing the safe transportation and disposal of hazardous substances used in the mining process, as well as waste produced at the mine.

4. Article 13, paragraph 1. Right of workers to remove themselves from any location posing a serious danger. The Committee notes the information that the restriction set out under section 22 of the General Mining Ordinance (ABBergV) essentially refers to rescue services in mines and that no amendments are planned. It is thus possible that the safety and health interests of other employees can prevent a worker from removing himself/herself from a work situation when he/she has reasonable grounds for believing that there is an imminent and serious danger to his/her own life or health. The Committee requests the Government to take the measures needed to bring the legislation into conformity with this provision of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s reports and the texts of the legislation giving effect to the provisions of the Convention. The Committee notes that there is legislative conformity with a large number of the provisions of the Convention. It would be grateful if the Government would provide a copy of the Works Constitution Act (BetrVG), as amended to date. It would also be grateful if the Government would provide further clarifications on the following points.

Article 4, paragraph 2, of the Convention. Please provide information on the accident prevention regulations issued by the Accident Insurance Funds, as well as a copy of these regulations.

Article 5, paragraph 2(a). Please provide information as to whether a mining ordinance has been adopted as provided for in section 66, first sentence, Nos. 5a and 6, section 55, paragraph 1, first sentence, No. 3, and section 68 of the Federal Mining Act (BBergG), and if so, please provide a copy of this ordinance.

Article 5, paragraph 2(b), and Article 16(b). Please provide information as to whether a mining ordinance has been adopted as provided for in section 65, first sentence, Nos. 4 and 6, section 55, paragraph 1, first sentence, No. 3, and section 65, second sentence and section 68 of the Federal Mining Act (BBergG), and if so, please provide a copy of the ordinance.

Article 5, paragraph 2(c). Please indicate whether the Federal Ministry of Labour has made use of the authorization provided for in section 24, No. 3, of the Occupational Safety Act (ArbSchG), to issue administrative regulations on the duty of the competent Länder authorities to inform it on matters that have to be included in the annual Report on Accidents Prevention (section 25, paragraph 2, of the Social Code-Book VII)

Article 5, paragraph 2(d). Please indicate the provisions of national legislation that requires annual reporting on mining operations and provide a copy of the text concerned. Please provide additional information on the methods by which the Länder comply with the reporting duties concerning the application of international legislation on safety and health at work, as provided for in section 24, paragraph 4 of the Occupational Safety Act (ArbSchG).

Article 5, paragraph 2(f). Please provide further information on how the consultations that are called for by this paragraph of Article 5 of the Convention are provided for nationally.

Article 5, paragraph 3. Please indicate the provisions of national laws or regulations that require that, not only the use but also the manufacture, storage, and transport of explosives and initiating devices at the mine, shall be carried out under the direct supervision of competent and authorized persons.

Article 5, paragraph 4(a). Please provide information on whether an ordinance provided for in section 131, paragraph 2, of the Federal Mining Act (BbergG) has been adopted, and if this is the case, please provide a copy of the text.

Article 5, paragraph 4(c). The Committee would be grateful if the Government would indicate the protective measures required to secure abandoned mines in accordance with section 55, paragraph 1, first sentence, No. 3 of the Federal Mining Act (BBergG), section 15, paragraph 3, first sentence of the General Mining Ordinance (ABBegV), and section 9 of the Occupational Safety Act (ArbSchG). Please indicate whether a more detailed mining ordinance has been adopted in accordance with section 66, first sentence, No. 6, and section 55, paragraph 1, first sentence, No. 3 of the Federal Mining Act (BbergG); if so, please provide a copy of such text.

Article 5, paragraph 4(d). Please indicate whether the handling provisions for hazardous substances of the Dangerous Substances Ordinance (sections 16 to 40, and more particularly section 24 of the GefStoffV) are applicable in accordance with section 2, paragraph 4, No. 1 of the same Ordinance, or whether their application is excluded by the Mining Ordinance on Health Protection of Workers (Gesundheitsschutz Bevergordnung). If their application is thus excluded, please provide a copy of the Mining Ordinance on Health Protection of Workers. Please indicate the provisions of national laws or regulations for prescribing the safe transportation and disposal of hazardous substances used in mining process and waste produced at the mine.

Article 5, paragraph 5. Please indicate whether there is a requirement in national laws or regulations for the plans of working to be kept available at the mine site.

Article 7(b). Please indicate the provisions of national laws or regulations requiring employers to ensure that the mine is decommissioned in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons. Please also indicate whether the ordinances, administrative acts and operating plans referred to in section 58 of the Federal Mining Act (BBergG) regulate decommissioning of mine, and if so, please provide copies of these texts.

Article 7(e). Please provide information on the extent of practical compliance by employers with the various provisions of national legislation requiring them to ensure the monitoring, assessment and regular inspection of the working environment as required by this paragraph of Article 7.

Article 9(c). Please indicate whether the definition of personal protective equipment given in section 18, paragraph 1 of the General Mining Ordinance (ABBergV), and section 1, paragraphs 2 to 5 of the Eighth Ordinance based on the Equipment Safety Act (8.GSGV), includes clothing and other facilities, as required by the Convention.

Article 10(a). Please indicate the provisions of national laws or regulations requiring the employer to ensure that retraining programmes are provided for workers and that all training and retraining programmes and comprehensible instructions are provided at no cost to the workers.

Article 10(d). Please indicate the provisions of national laws or regulations requiring the employer to ensure that all accidents and dangerous occurrences, as defined by national laws or regulations, are investigated and appropriate remedial action taken.

Article 10(e). Please indicate whether the employers covered by the Occupational Safety Act (ArbSchG) are required to ensure that a report is made to the competent authority on accidents and dangerous occurrences.

Article 13, paragraph 1(e). Please indicate whether, under section 22 of the General Mining Ordinance (ABBergV), the safety and health interests of other employees can prevent a worker from removing himself/herself from a work situation when he/she has a reasonable justification to believe that there is an imminent and serious danger to his/her own life or health. In the event that the worker is so prevented, please indicate the measures taken or envisaged to remove such restriction and thus put national legislation in conformity with the requirements of this Article of the Convention.

Article 16(b). Please indicate how practical collaboration is effectively ensured between the Länder mining authorities and Labour Inspectorates and the Technical Inspection Services of the Competent Accident Insurance Fund.